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GENERAL CONDITIONS OF SALE

1) Definitions

1.1 For the purposes of these terms and conditions (hereinafter referred to as "Terms of Sale"), the following terms have the meanings ascribed to them below:

- "Metalsud" The Metalsud Lo Gatto di Domenico Arena s.a.s.;

- "Customer" means any company, institution or legal entity that buys the products The Metalsud Lo Gatto di Domenico Arena s.a.s.Ferwall marketed brand;

- "Products" means goods produced, assembled and / or sold by The Metalsud Lo Gatto di Domenico Arena s.a.s.;

- "Order / s": any proposed purchase of the products submitted by the Customer to The Metalsud Lo Gatto di Domenico Arena s.a.s. only by fax, e-mail and / or local agent;

- "Sales / and" every contract of sale concluded between The Metalsud Lo Gatto di Domenico Arena s.a.s.and the Customer upon receipt by the customer of the proforma invoice by The Metalsud Lo Gatto di Domenico Arena s.a.s.;
- "Marks" means all marks in The Metalsud Lo Gatto di Domenico Arena s.a.s.is the owner;

2) Purposes
2.1 These Conditions of Sale apply to all sales of Products. In case of conflict between the terms and conditions set forth in these Conditions of Sale and the terms and conditions agreed in the individual sale, the latter shall prevail. The Metalsud Lo Gatto di Domenico Arena s.a.s.. not be bound by terms and conditions of purchase of the Customer (hereinafter, "CGP"), even in the event that you make reference to them or are contained in the orders or any other documentation from the customer, without the prior written consent of The Metalsud Lo Gatto di Domenico Arena s.a.s.The CGP will not be binding on The Metalsud Lo Gatto di Domenico Arena s.a.s.even the effect of tacit consent.

2.2 The Metalsud Lo Gatto di Domenico Arena s.a.s.. reserves the right to add, edit or delete any provision of these Conditions of Sale, provided that such additions, deletions or changes will apply to all sales concluded from the thirtieth day following the notification to the customer of the new Conditions of Sale.

2.3. The acceptance by the buyer's offer or order confirmation of Metalsud Lo Gatto di Domenico Arena s.a.s., however made, the contract involves the application of these general conditions of sale.

3) Orders and Sales
3.1 The customer must notify The Metalsud Lo Gatto di Domenico Arena s.a.s. Orders that contain descriptions of specific products, the quantity required and the time required for delivery.

3.2 The offers made by agents, representatives and auxiliary trade Metalsud Lo Gatto di Domenico Arena s.a.s. are not for Metalsud Lo Gatto Dominico Arena sas binding until they are confirmed by the same writing.

3.3 The Sale shall be deemed terminated: (i) when the customer receives from The Metalsud Lo Gatto di Domenico Arena s.a.s. written confirmation (the confirmation will be sent by e-mail, fax or electronic means) to comply with the terms and conditions of the Order (ii) or, in the event that the customer receives from The Metalsud Lo Gatto di Domenico Arena s.a.s. a written confirmation containing terms different from those contained in the Order, after two business days of receipt of the confirmation with differing terms without having to be received during the period The Metalsud Lo Gatto di Domenico Arena s.a.s.written complaint by the customer, (iii) or, in the absence of written confirmation by The Metalsud Lo Gatto di Domenico Arena s.a.s., when the Products will be delivered to the customer.

3.4 Orders accepted by regular The Metalsud Lo Gatto di Domenico Arena s.a.s.can not be canceled by the Customer without the written consent of The Metalsud Lo Gatto di Domenico Arena s.a.s..

4) Price of Products
4.1 The prices of Products shall be those specified in the Order and confirmed in writing by The Metalsud Lo Gatto di Domenico Arena s.a.s. at the time of the Order. Except as otherwise agreed in writing between the parties, the above prices are calculated ex works, excluding VAT and discounts. These prices do not include the costs of packing, shipping and handling by local The Metalsud Lo Gatto di Domenico Arena s.a.s.to those of the customer. These costs should be borne separately by the customer.

4.2 The buyer hasn’t the right to suspend payments, even in case of disputes relating to the products supplied. Any incident of payment legitimize Metalsud Lo Gatto di Domenico Arena s.a.s. to suspend the execution of current orders and to demand adequate assurance of payment to the buyer, and to vary in subsequent orders payment terms in effect. It is not permissible with any compensation claims, however, insurgents against Metalsud The Cat Arena Dominic Sas.

4.3 The Metalsud Lo Gatto di Domenico Arena s.a.s.. will retain ownership of the Products until full payment of the price of the same. The Customer shall carry out all formalities required by local laws in order to make valid and enforceable against all third this retention of title clause also working your Membership at any appropriate register, if required locally.

4.4 The Metalsud Lo Gatto di Domenico Arena s.a.s.. reserves the right to unilaterally change, without notice and with immediate effect, the prices quoted in the price list in cases where the adjustment is due to circumstances that are beyond the control of The Metalsud Lo Gatto di Domenico Arena s.a.s. (But not limited to: an increase in raw material prices and labor costs or changes in exchange rates). In all other cases, the change will be communicated to the customer will have an effect on all orders received by The Metalsud Lo Gatto di Domenico Arena s.a.s. from the thirtieth day following the date on which the amendments were notified to the customer.

5) Terms of delivery
5.1 Except as may be otherwise agreed in writing between the parties, The Metalsud Lo Gatto di Domenico Arena s.a.s.deliver the goods ex works at its own plants, as that term is defined in INCOTERMS published by the International Chamber of Commerce in their latest version, in force at the time of delivery. If requested, The Metalsud Lo Gatto di Domenico Arena s.a.s. Products will be responsible for transporting at-risk, cost and expense of the customer.

5.2 Delivery shall take place within the period specified in the Order as accepted in the order confirmation or, if the term has not been specified in the Order, within 60 days beginning on the first working day after confirmation of each order. The delivery terms are indicative and are not essential to the art. 1457 of the Civil Code and, in any case, do not include transportation time.

5.3 Except as provided for in art. 5.2, The Metalsud Lo Gatto di Domenico Arena s.a.s.. will not be held liable for delays or non-delivery attributable to circumstances which are beyond its control, such as, for example but without limitation:
a) Data inadequate or technical inaccuracies or delays in transmission of customer The Metalsud Lo Gatto di Domenico Arena s.a.s.information or data necessary for shipment of the Products;
b) difficulty in obtaining supplies of raw materials;
c) problems related to production or planning of orders;
d) total or partial strikes, power failure, natural disasters, measures imposed by public authorities, difficulties in transportation, acts of God, riots, terrorist attacks and all the other acts of God;
e) delays by the shipper.

5.4 the occurrence of some of the events listed above will not entitle the customer to claim compensation for any damages or compensation of any kind.

5.5 In the case of custom products or otherwise not included in the catalog, the feasibility and timing of delivery will, in turn, determined by Metalsud Lo Gatto di Domenico Arena s.a.s.

6) Transport

6.1 Except as may be otherwise agreed in writing between the parties, the transport will always be at the expense and risk of the customer. Where to The Metalsud Lo Gatto di Domenico Arena s.a.s., pursuant to art. 5.1, may be required to deal with the transportation of products, The Metalsud Lo Gatto di Domenico Arena s.a.s. choose the means of transport which it considers most appropriate in the absence of specific instructions from the customer.

7) Payments
7.1 Unless otherwise agreed in writing between the parties, The Metalsud Lo Gatto di Domenico Arena s.a.s., at its discretion, issue invoices at the time of order or delivery of the Products.

7.2 Payments shall be made in Euro and within 30 days after the last day of the month in which the invoice was issued.

7.3 Failure to pay the agreed time will be entitled to The Metalsud Lo Gatto di Domenico Arena s.a.s.to ask the customer to pay the interest due at the rate established by Legislative Decree No 231/02.

7.4 The non-payment or late payment over 30 days will give The Metalsud Lo Gatto di Domenico Arena s.a.s.the right to suspend delivery of Products and solve every single sale signed. The suspension of the delivery of products or cancellation of the sales will not give the customer the right to claim any damages.

7.5 Any claim relating to the Products and / or delivery of the same shall in no circumstances justify the suspension or delay in payment.

8) Non-Compliance

8.1 The customer must report in writing to Metalsud Lo Gatto di Domenico Arena s.a.s., using the module called "CLAIM FORM", available on the website of The Metalsud Lo Gatto di Domenico Arena s.a.s., the presence of defects within 5 days of delivery Product if it is obvious defects, or, within 8 days of discovery, in the event of faults or hidden defects or non-detectable by a person of average ability.

9)How made products

9.1  In order to work your returns more quickly and effectively, the form referred to above, will be sent with an RMA number (Return Authorization Number of the material);

9.2 The Metalsud Lo Gatto di Domenico Arena s.a.s., reserves the right not to accept the request received, indicating in the "Remarks" the reason for the refusal; returns, if authorized, will be credited for an amount equal to the price paid net of depreciation for broken or defects detected by the seller .

9.3  The module containing the RMA number must always be enclosed with the goods to be returned. The returned merchandise will be accepted only after verification of the part made by the office of The Metalsud Lo Gatto di Domenico Arena s.a.s.,

9.4  The products subject of a complaint shall immediately be sent at the factory Metalsud Lo Gatto di Domenico Arena s.a.s., or anywhere else that it will show from time to time, in order to allow Metalsud Lo Gatto di Domenico Arena s.a.s., the completion of the necessary controls. The warranty does not cover damages and / or defects caused by abnormalities of the Products arising out of or related to, the assembly parts / additions directly from the customer or end user.

9.5 The shipment will be borne by the Metalsud The Metalsud Lo Gatto di Domenico Arena s.a.s., only for products under warranty. It will be the same Metalsud Lo Gatto di Domenico Arena s.a.s., contact the courier to pick up the goods. In the event that the products were out of warranty shipping charges will be borne by the customer.

10) Warranty
10.1  Unless otherwise agreed in writing between the parties, The Metalsud Lo Gatto di Domenico Arena s.a.s. ensures that products are free of defects / faults (with the exception of those parts of the Products that are not produced by The Metalsud Lo Gatto di Domenico Arena s.a.s.) for a period of two years from the date of delivery of same to the customer.

In addition, strong high quality of the products made Metalsud The Cat Domenico Arena sas is able to offer guarantees greater extent than is required even in the amended Consumer Code, so as to extend to 10 years the coverage of this warranty with respect to :

Internal Structure: 10 YEARS

against sagging or deformation of the structure (shroud)

Frame and subframe: 10 YEARS

against sagging or deformation of the uprights

Interior and exterior series PRESTIGE:

10 YEARS against any defects in water painting ADLER which have been carried out all the necessary operations and maintenance for which instructions have been adhered to installation and / or maintenance.


10.2 The warranty does not operate with respect to those products whose defects are due to (i) damage caused during transport, (ii) failure to follow instructions of The Metalsud Lo Gatto di Domenico Arena s.a.s. installation, maintenance and storage of products, (iii) repairs or alterations made by the Customer or any third party without the prior written consent of The Metalsud Lo Gatto di Domenico Arena s.a.s.; (iv) damage caused by normal wear and tear, treatment or misuse, accident or force majeure; (v) any result is not attributable to the production phase; (vi) failure to observe the rules provided installation (both in materials used and the methods of the same), including: installation not performed in a workmanlike manner and without respecting the instructions of the product information and package insert of the product, or when installing using materials other than those specified in the assembly instructions themselves.

10.3 Provided the Client's claim is covered under warranty and notified in terms of this article, The Metalsud Lo Gatto di Domenico Arena s.a.s. will, at its option, replace or repair any product or parts of this that present defects.

10.4 In any case, the customer is not entitled to exercise rights guaranteed to Metalsud Lo Gatto di Domenico Arena s.a.s. if the price of the Products has not been paid under the conditions and terms agreed upon, even if the failure to pay the price agreed to the terms and conditions refers to products other than those for which the customer intends to make a warranty claim.

10.5 The Metalsud Lo Gatto di Domenico Arena s.a.s.. disclaims all warranties as to the conformity of products with the rules and
regulations of countries that do not fit or do not belong to the European Union. No other warranty, express or implied, as, without limitation, the guarantee of proper operation or fitness for a particular purpose, is granted with respect to the Products.

10.6 Without prejudice to what is stated in art. 9.3 and except in cases of willful misconduct or gross negligence, The Metalsud Lo Gatto di Domenico Arena s.a.s.shall not be liable for any damages incurred and / linked to defects in the products. In any case, The Metalsud Lo Gatto di Domenico Arena s.a.s. shall not be liable for any indirect or consequential damages of any kind including, without limitation, losses resulting from inactivity or failure to gain the customer.

10.7 In the event that an identical defect in a product by repeatedly and is due to the same cause during the period of 12 months from delivery of products to end customers and, in any event no later than 24 months from delivery to the customer,   reimburse, within the limits set forth in Art. 9.8, any direct loss incurred by the customer and properly documented in connection with a campaign for the recall of defective products, and any other additional cost for the repair and replacement of the Products, provided that the customer is reasonably committed to limiting losses The Metalsud Lo Gatto di Domenico Arena s.a.s.it might suffer. The customer will follow the instructions The Metalsud Lo Gatto di Domenico Arena s.a.s. for the recall of products.

10.8 In any case, the customer's right to compensation for damages shall be limited to:

a maximum amount equal to the value of the Products that are defective or faults.

11) Termination clause
11.1  Metalsud Lo Gatto di Domenico Arena s.a.s.. may terminate, pursuant to art. 1456 of the Italian Civil Code, at any time by written notice sent to the customer, the sales in the single case of breach of the obligations laid down in Articles: 4 (Product Price), 7 (Payments), 10 (Intellectual Property Rights).

12) Change in financial circumstances of the customer
12.1 The Metalsud Lo Gatto di Domenico Arena s.a.s.. will be entitled to suspend the fulfillment of the obligations arising from the sale of products, according to Art. 1461 of the Italian Civil Code, if the customer's financial circumstances became such as to seriously endanger the achievement of the consideration paid unless suitable security.

13) Official residence, applicable law and jurisdiction
13.1 The Metalsud Lo Gatto di Domenico Arena s.a.s.. is legally domiciled at its headquarters.

13.2 The Conditions of Sale and each sale will be governed by and construed in accordance with Italian Law with the exception of the 1980 Vienna Convention on Contracts for the International Sale of Goods.

13.3 All disputes arising out of or relating to these Terms of Sale and / or any sale will be subject to the exclusive jurisdiction of the Court of Vibo Valentia.

13.4 Except as agreed in the art. 13.3, The Metalsud Lo Gatto di Domenico Arena s.a.s.. reserves the right, when the promoter of a lawsuit as a plaintiff, to bring such proceedings in the place of residence of the customer, in Italy or abroad

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